Current through August 26, 2024
(1) LICENSE
REQUIRED. Except as provided under sub. (2), no person may operate as a public
warehouse keeper unless that person holds an annual license from the department
under this section. A license expires on June 30 annually and is not
transferable. No license may be issued under this section for part of a year
for less than the full annual fee specified under sub. (4).
(2) LICENSE NOT REQUIRED. No license is
required under sub. (1) for any of the following:
(a) A municipal corporation.
(b) A person operating a warehouse storing
only grain, as defined under s.
126.01(13),
Stats.
(c) A cooperative
association storing farm products and merchandise only for its
members.
(d) A person who owns and
operates a warehouse only to store dairy products or canned fruits or
vegetables manufactured by that person.
(e) A common carrier engaged solely in the
transit and storage of property for periods not exceeding 30 days.
(f) A person operating a warehouse pursuant
to a license issued under the federal bonded warehouse act,
7 USC
241 et seq.
(3) APPLICATION. An applicant for an annual
license under sub. (1) shall submit an application in writing on a form
provided by the department. The application shall include all of the following:
(a) The applicant's correct legal name and
any trade name used by the applicant. If the applicant is a corporation or
cooperative, the application shall identify each officer of the corporation or
cooperative. If the applicant is a partnership, the application shall identify
each partner.
(b) The street
address at which the applicant will accept mail deliveries, and the name of a
responsible person who may be contacted at that address.
(c) The location, size, character and
equipment of the building or premises which the applicant will operate as a
public warehouse.
(d) The kind of
property to be stored at the public warehouse.
(e) The fees required under sub.
(4).
(f) Any reinspection fees that
are due and payable by the applicant under sub. (5) but not yet paid.
(g) If the applicant is applying for an
initial license, the security required under s.
ATCP 97.08.
(h) Any information required by the
department to show that the warehouse facilities are adequate and that the
applicant is qualified as a public warehouse keeper.
(4) LICENSE FEES.
(a) An applicant under sub. (3) shall pay an
annual license fee as follows:
1. For a Class
1 public warehouse, $ 90.
2. For a
Class 2 public warehouse, $185.
3.
For a Class 3 public warehouse, $300.
4. For a Class 4 public warehouse,
$400.
5. For a Class 5 public
warehouse, $500.
(b) A
public warehouse keeper who applies to renew an annual license after that
license has expired shall pay, in addition to the annual license fee under par.
(a), a surcharge of 20% of that license fee.
Note: The 20% surcharge for late license renewal applications
is required by s.
93.21(5),
Stats. Payment of the surcharge does not relieve the public warehouse keeper
from any other civil or criminal liability that may result from the unlicensed
operation of a public warehouse. If more than one year has elapsed since an
applicant's license expired, the applicant's license application is not
considered a renewal application for purposes of s.
93.21(5),
Stats.
(5) REINSPECTION FEE.
(a) If the department reinspects a public
warehouse because the department has, upon prior inspection, found a violation
of this chapter, ch. 97 or 99, Stats., or any other state or federal law
administered by the department, the department shall charge the public
warehouse keeper a reinspection fee as follows:
1. For a Class 1 public warehouse,
$50.
2. For a Class 2 public
warehouse, $100.
3. For a Class 3
public warehouse, $150.
4. For a
Class 4 public warehouse, $200.
5.
For a Class 5 public warehouse, $250.
(b) A reinspection fee under par.
(a) is payable when the reinspection is
completed, and is due upon written demand from the department. The department
may issue a demand for payment when it issues a license renewal application to
the public warehouse keeper under sub. (3), or at any other time after the
reinspection fee becomes payable.
(6) ACTION GRANTING OR DENYING APPLICATION.
The department shall grant or deny an application under sub. (3) within 40 days
after the department receives a complete application. The department may deny a
license application for cause pursuant to s.
93.06(7),
Stats. Cause may include any violation of this chapter.
